Darling Point 1 Pty Ltd v Council of the Municipality of Woollahra [2023] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Darling Point 1 Pty Ltd v Council of the Municipality of Woollahra [2023] NSWLEC 1086 Hearing dates: Conciliation conference 13 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is upheld. (2) Modification Application DA-2/2017/6 for the relocation of AC condenser units and plant, increase in height of retail floor space, increase in size of balconies to Units 6 and 15, modification of glazing and materials in the front elevation, reduction in total unit numbers to 23, internal apartment layout changes and construction of a roof top terrace is approved and development consent DA-2/2017 is modified in the terms detailed in Annexure B. (3) Development consent DA-2/2017, as now modified by the Court, is contained in Annexure C. Catchwords: MODIFICATION APPLICATION – amendments to approved shop top housing – potential view and amenity impacts to adjoining properties – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021 s 113 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 Design Quality of Residential Apartment Development Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Darling Point 1 Pty Ltd (Applicant) Council of the Municipality of Woollahra (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) P Rigg (Solicitor) (Respondent)